RESPONSIBILITY FOR BENEFITS OWED TO YOU
HAHA Group, Ltd. (HAHA) is the service contract issuer and provider responsible for the performance of contractual obligations under this Service Agreement, including service performance and payment of cost of any benefits owable to You under the Agreement. HAHA has designed the protection program provided to You under this Service Agreement and administers the delivery of benefits owed to You under the Agreement. HAHA will be responsible for reviewing, processing, and adjusting any claim You may have for benefits under this Service Agreement. HAHA will serve as your ordinary point-of-contact for any questions or concerns you may have with respect to Your Service Agreement. This contract provides repair and replacement of most major repair parts for covered components necessary due to normal wear and tear, including inherent defects in material.
LIMIT OF COVERAGE:
During the term of the Plan, the Plan pays only for the repair of Your Exterior Electrical Wiring System in order to restore its operational use in the most cost-effective manner as determined solely by the Administrator. If a work permit is required, We will obtain the proper permit before work on Your Exterior Electrical Wiring System starts. We will pay up to $2500 per annum for the repair of Your exterior Electrical Wiring System.
COVERED REPAIRS:
Your benefits include the ability to have a Technician assigned and dispatched when a service call appears to be required. We will dispatch a Technician to repair covered components. We pledge to expedite the dispatch and service call process. However, effective response times may be affected by extreme weather conditions and time-of-year situations. All calls for repairs will be handled in the order in which they are received. Service requests after 5 pm will be assigned and dispatched the following day. Overtime, premium or holiday rates are not covered.
All repairs will comply with all code requirements, but We (or any Subcontractor) are not under any obligation to notify you of or to fix any code violations that are discovered during the visit to Your home. Your Exterior Electrical Wiring System must be in good working order and free of defects prior to enrolling in the Plan.
We must have reasonable access to Your premises to diagnose and repair problems. We will try to schedule a mutually convenient appointment, but will be excused from performance if reasonable access is not provided. You may be responsible for a Service Call charge if the Technician must return to Your premises due to denied access or a missed appointment. We are not liable for delays or failure to perform services covered under your Plan due to circumstances beyond our control, including, but not limited to, labor strikes, civil unrest, work stoppages, or acts of nature.
EXCLUSIONS:
THIS PLAN DOES NOT COVER:
COVERAGE ON MOBILE HOMES, RECREATIONAL VEHICLES, MULTIPLE-UNIT DWELLINGS, COMMERCIAL BUILDINGS PROBLEMS CAUSED BY WILLFUL DAMAGE, FAULTY CONSTRUCTION, ABUSE OR VANDALISM TO YOUR COVERED PROPERTY. DAMAGE CAUSED BY ACTS OF GOD (SUCH AS FIRE, WINDSTORM, FLOOD, HURRICANE OR OTHER INSURABLE EVENTS); SERVICE TO A COVERED SERVICE(S) IN THE EVENT THE PROBLEM RESULTS FROM DAMAGE INCURRED OR EXISTING PRIOR TO THE PLAN EFFECTIVE DATE; COVERED SERVICE(S) AND OR ANY COMPONENTS THAT DO NOT MEET INDUSTRY STANDARDS; ANY REPAIR TO AND/OR MAINTENANCE OF YOUR COVERED SERVICE(S) TO THE EXTENT THAT AFTER REASONABLE EFFORT WE DETERMINE THAT SUCH REPAIR/MAINTENANCE CANNOT BE PERFORMED IN A SAFE MANNER DUE TO THE PRESENCE OF ASBESTOS OR ANY OTHER ENVIRONMENTALLY HAZARDOUS SUBSTANCE OR DUE TO THE EXISTENCE OF AN UNSAFE CONDITION;
ANY REPAIR COSTS ABOVE THE AGGREGATE COVERAGE AMOUNT PER YEAR, OR FOR REPAIRS THAT ARE NOT COVERED REPAIRS. REPAIR OR REPLACEMENTS WIHTOUT OUR PRIOR AUTHORIZATION ANY DAMAGE CAUSED, OR COSTS INCURRED, TO GAIN ACCESS TO INACCESSIBLE WIRING, INCLUDING RESTORATION COSTS OR ANY CONSEQUENTIAL DAMAGES, ARE YOUR RESPONSIBILITY. ANY ELECTRICLA LINE THAT BRANCHES OFF OF THE MAIN SERVICE LINE INCLUDING BUT NOT LIMITED TO ANY OUTBUILDINGS, DOMESTIC ELECTRICAL APPLIANCES, SWIMMING POOL OR DECORATIVE FEATURES, SMOKE DETECTORS, DOORBELL WIRING AND ELECTRICAL GATE AND GARAGE DOOR SYSTEMS; MOVEMENT OF ANY ELECTRIC, WATER OR GAS METER AT THE TIME OF THE REPAIR OR REPLACEMENT, UNLESS REQUIRED BY LOCAL CODE; COSTS TO CORRECT OR UPGRADE ANY WIRING, PART, EQUIPMENT AND/OR SYSTEM IN ORDER TO COMPLY WITH ANY FEDERAL, STATE, OR LOCAL LAWS, REGULATIONS, ORDINANCE OR UTILITY REGULATIONS; HOMES WITH ALUMINUM WIRING; HOMES WITH ELECTRICAL SERVICE ENTRANCES RATED LESS THAN 80 AMPS ELECTRIC METERS, EXTERIOR SWITCHES OR OUTLET OF ANY KIND; EQUIPMENT AND SERVICES THAT ARE THE RESPONSIBILITY OF THE LOCAL ELECTRIC DISTRIBUTION COMPANY UNDER APPLICABLE TARIFF; RESETTING OF CIRCUIT BREAKERS OR SYSTEM CONTROLS WHERE IT IS NOT ASSOCIATED WITH REPAIR WORK AND WHERE IT CAN BE RESET BY YOU; EMERGENCY BREAKDOWN ARISING FROM THE DISCONNECTION FROM OR INTERRUPTION TO THE MAIN ELECTRICAL SUPPLY; REPAIR AND/OR REPLACEMENT OF TRANSFORMERS OF ANY KIND; REPAIR OF LOW VOLTAGE WIRING OF ANY KIND, JACKS LOCATED OUTDOORS, OR ANY TEMPORARY OR REMOVABLE STRUCTURES (INCLUDING RECREATIONAL VEHICLES CONSTRUCTION TRAILERS OR MARINE VEHICLES).
REPAIR PROCEDURES:
1. If You believe that an exterior electrical wiring component is in need of repair due to normal wear and tear including inherent defects in material, contact the Plan repair line at 1-844-GET-HAHA.
2. If it is determined that You have a Covered Repair, We will dispatch a Technician to conduct a diagnosis of Your Exterior Electrical Wiring System and, if feasible, carry out a repair.
3. In certain instances, some or all of the needed repairs may not be covered by the Plan. If you elect to have non-covered repairs performed (or repairs beyond your Plan limits), You will be responsible for paying any non-covered repair costs directly to the Technician.
PERMANENT REPAIRS:
All permanent repairs will have a one (1) year repairer’s guarantee.
FRAUDULENT CLAIMS AND WAIVER OF RIGHT TO FUTURE CLAIMS:
Customer understands and agrees that if customer submits a fraudulent claim on this Plan, we will cancel this Plan in accordance with the cancellation provisions.
In the event that We or Our Technician make You aware of any reasonable remedial maintenance work required to Your Exterior Electrical Wiring System to prevent a Covered repair, You must provide evidence of having carried out such work in order for Your coverage to continue. We will not carry out Covered Repairs where We have made You aware of the need for such maintenance or remedial work and You have failed to undertake it.
WAIVER:
No waiver of any term or condition shall be deemed a waiver of any such term or condition in the future unless such change or modification or waiver shall be in writing and signed by the Parties hereto.
SUCCESSORS AND ASSIGNS:
Except as provided to the contrary in these Terms and Conditions, all of these Terms and Conditions shall bind and inure to the benefit of the Parties hereto and their successors and assigns.
SEVERABILITY:
In the event any provision or portion of these Terms and Conditions shall be declared invalid by any court of competent jurisdiction, said declaration shall have no effect upon the remaining provisions of these Terms and Conditions, all of which shall remain in full force and effect and shall constitute the complete understanding of the Parties.
APPLICABLE LAW:
The validity and effect of this Plan and these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State in which the covered property is located.
DISPUTE RESOLUTION:
We strive to provide You with the highest standards of service. If you feel that Our service has not met Your expectations or You have a question or concern, please contact Us at P. O. Box 813, Syosset, NY 11791, or call 1-844-GET-HAHA.
HEADINGS:
The headings of the section and paragraphs herein are inserted for convenience in reference only and are not intended by the Parties to be a part of or to affect the meaning of or interpretation of this Agreement.
DEFINITIONS:
You or Your means the homeowner of a single family residence and the purchaser of this Plan.
We, Us and Our means (i)Helping American Homeowners Association, and its affiliates, P. O. Box 813, Syosset, NY 11791 (“HAHA”), in its capacity as Administrator and manager of the benefits owed under this Service Agreement,
Plan means Exterior Electrical Wiring Coverage.
Covered Repair is any repair or replacement of eligible parts or materials as defined in these Terms and Conditions and not specifically excluded by these Terms and Conditions as defined under the section titled “EXCLUSIONS”.
Enrollment date means the date Your payment was received by Us.
Exterior Electrical Line means the following overhead or underground residential service components: weather head, insulator, riser, meter base, service entrance conductor. The Exterior Electrical Line Protection Plan covers only one overhead or underground connection to the property per Plan. Equipment and services provided by the local electric distribution company under applicable tariff are excluded from coverage.
Effective Date is the date You become eligible for Covered Repairs. Your effective date is thirty (3) days after Your Enrollment Date.
Party or Parties shall mean either Us or You, the person that has entered into this Agreement (together referred to as the “Parties”).
Service Call means a single repair performed by Our Technician to restore Your Exterior Electrical Wiring System to its operational use.
Service Call means a single repair performed by Our Technician to restore Your Exterior Electrical Wiring System to its operational use.
Term means the period of time, starting with the Effective Date, Your Plan will remain In effect, assuming You have not had a Lapse of Coverage. A Term is defined as one month in length.
This Plan can be automatically renewed by You provided We continue to offer the Plan and timely payments are made by You for additional Terms. If additional Terms are purchased by You without Lapse of Coverage, Your Effective Date of coverage will remain the same. This Plan may be cancelled as outlined under Cancellation.
LAPSE OF COVERAGE:
If full payment for the renewal of this Plan for an additional Term is not received by Us before or on the date payment was due, a Lapse of Coverage will have occurred. In such event, Your coverage under this Plan will terminate on the final day of the last Term for which you made full payment to Us in a timely manner. Our administration of this Lapse of Coverage provision in any one instance shall not be deemed to constitute a waiver of Our right to terminate Your coverage in the future as described under this provision.
If Your payment is received by Us after a Lapse of Coverage has taken effect, Your payment will be returned to You. You must then re-enroll in the Plan. When Your coverage is re-issued, You will have a new Effective Date. An additional billing resulting from the handling of a partial payment or Lapse of Coverage may result in a service fee.
CANCELLATION:
If You cancel this Service Agreement within 30 days of the effective date We will refund Your payment in full.
You may cancel this contract after 30 days from the Effective Date by providing written notice. You will be entitled to a pro-rata refund less the cost of any Covered Repairs or expenses incurred by Us for a Technician to attend Your property as a result of Your request for repair. Any refund not paid to You by Us within 30 days is subject to a 10% monthly penalty.
This Policy shall be non-cancelable by Us, except for:
(a) Nonpayment of Premium
(b) Fraud or misrepresentation by You of facts material to the issuance of this Plan or in connection with a claim under this Plan.
If We cancel, we will provide You with written notice of cancellation as required by law. You will be entitled to a pro-rata refund of fees paid provided no claims have been made.
TECHNICIAN:
We agree to perform the services hereunder and may contract with an independent contractor to fulfill repair or replacement services. This entity will be known as a Technician. In no event shall Our Technicians, or any of Our Technicians agents or employees, be deemed agents and employees of Ours.
AGREEMENT:
This Agreement is the complete and exclusive statement of the understanding of the Parties with respect to this Plan and supersedes all prior understandings and agreements, whether written or oral, between Us and You relating to the subject matter hereof.
TERMS AND CONDITIONS:
The Terms and Conditions are included in, and are a subset of, the entire Agreement.
Non-Covered Repairs are any and all repairs (materials and associated labor charges) that occur on parts or materials not explicitly stated as a Covered Repair under this Plan.
EXTERIOR ELECTRICAL WIRING COVERAGE:
This Exterior Electrical Wiring Coverage is a service Agreement that will pay for the repair of the Exterior Electrical Wiring identified below that service your Single-Family home to the extent that it malfunctions as a result of normal wear and tear including inherent defects in material and such malfunction is not excluded from the Plan under these Terms and Conditions. Covered components may be replaced with an equivalent make, type, or style.
ELIGIBILITY FOR COVERAGE:
One Agreement is required per covered residence.
You must own the single family detached residence within which or to which the Exterior Electric Wiring System is attached. The residence must have an electrical service entrance rated at a minimum of 80 amps. All covered components must meet applicable local Electric Code/National Electric Code (IEC/NEC) requirements. They must be installed to meet local, state, and federal codes and be in good operating condition at the time of enrollment.
Overlapping Coverage:
If You find You have another service agreement or insurance policy that provides similar benefits, You must notify the Administrator immediately. We will refund Your Service Agreement Fee as long as no Service Call has been made. You may be required to provide a copy of the contract/policy showing similar coverage.
OUR RIGHTS:
We reserve the right to change the fee for this Plan upon giving You thirty (30) days written notice. We also reserve the right to modify this Plan upon thirty (30) days written notice to You. We also reserve the right not to renew this Plan.
Our obligations are limited in the event Your property was not eligible for coverage under the Plan(s). If We determine Your property was not eligible, then Our sole obligation under the Plan(s) is to refund the payments made by You. When this refund is paid, the Plan(s) will be void as of the date of the original Enrollment Date.
This Plan is not an insurance contract, and is not transferable by You. This Plan provides repair or replacement service for covered repairs required due to normal wear and tear including inherent defects in material. We shall not be liable for damages, including any indirect, incidental or consequential damages that arise from (1) any defects in materials used to maintain covered repairs; or (2) defects in workmanship provided under the Plan. There are no express or implied warranties, warranties of merchantability, or warranties of fitness for a specific purpose offered with this Plan. Our liability for defective materials or workmanship is limited to repair or replacement of the defective material and/or a corrective service visit. We shall not be liable under any circumstances for incidental or consequential damages, including, but not limited to, lost profits or any other expenses, loss or damage directly or indirectly arising from the performance or non performance of your plan or any service covered under the Plan or the use or inability to use the service to which the Plan applies.
The following state variation shall apply if inconsistent with any other terms and conditions of this Plan.
NEW YORK-Cancellation is not effective until 15 days after notice of cancellation is mailed to the Service Agreement holder. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy.
Key Terms:
Provider means H.A.H.A. Group, Ltd., P. O. Box 813, Syosset, NY 11791 (“HAHA”) and is responsible for providing the benefits owed to You under this Service Agreement. You may contact us at the foregoing address or by calling us 1-844-GET-HAHA
Administrator means (i) Helping American Homeowners Association and its affiliates, P. O. Box 813, Syosset, NY 11791, (“HAHA”), the entity responsible for administering the benefits owed to You under this Service Agreement.
We, Us, and Our means the Provider and Administrator collectively.
You and Your means Service Agreement Holder listed on the Declaration Page.
Interior Electrical Wiring means the electrical system that includes the distribution center (panel or fuse box) and the high voltage wires that carry electricity to the points of use within the interior of Your home.
Emergency Breakdown means the sudden failure to the Interior Electrical Wiring system that services the interior limits of Your home due to defects in workmanship and/or materials, normal wear and tear arising in the course of ordinary functioning and usage which immediately:
a.) Exposes You to a risk to Your health.
b.) Creates a risk of or damage to Your property or any of Your belongings normally contained within the property; or
c.) Makes Your home uninhabitable.
Service call(s) means the deployment of a technician to diagnose and identify Your emergency.
Service Agreement means the documents that constitute all of Your rights and responsibilities as a contract holder. These documents consist of the Terms and Conditions on Your Declaration Page.
Service Agreement Fee. The amount you paid for this Agreement.
Term means the length of the Service Agreement which is 12 months in length. The term of this Agreement is defined by the dates listed on you Declaration Page.
1. RESPONSIBILITY FOR BENEFITS OWED TO YOU
H.A.H.A. Group, Ltd. (“HAHA) is the Provider responsible for the performance of contractual obligations under the Service Agreement. HAHA has designed the protection program provided to You under this Service Agreement and administers the delivery of benefits owed to You under the Agreement. H.A.H.A. will serve as your ordinary point-of-contact for any questions or concerns you may have with respect to Your Service Agreement. All other terms and conditions of this Service Agreement are subject to, and modified by, the allocation of responsibilities set forth in this paragraph, unless otherwise indicated for residents of Your state as detailed in the applicable STATE VARIATIONS at the beginning of this Agreement.
2. SERVICE AGREEMENT
This Service Agreement will only cover systems for which You have responsibility. We do not cover any repairs for systems that landlords, utilities or other entities are responsible for repairing.
This Service Agreement is only valid after Our acceptance of the application and receipt of Your payment covering the Term defined by the effective dates listed on the Declarations Page. However in the first year of coverage, you may not make a Service call within thirty (30) days of the effective date listed on the Declaration Page. This Service Agreement will automatically renew for an additional Term, unless prohibited by law, cancelled no less than thirty (30) days prior to the end of the Term of Your current Service Agreement, or cancelled as provided in this Service Agreement, and will continue to renew for like terms and conditions provided We continue to offer the Service Agreement and You make timely payments. We reserve the right to modify this contract or offer this Service Agreement at a different price upon renewal.
3. EMERGENCY BREAKDOWN SERVICE
If you have an Emergency Breakdown to Your Interior Electrical Wiring, You should call the Emergency Hotline and the Administrator will:
Arrange for a technician to diagnose the problem.
Pay for repairs of the covered Emergency Breakdown. (Subject to limits of liability).
4. YOUR DUTIES
We will not pay for any services performed without our prior approval.
Notice of any Emergency Breakdown must be given to the Administrator upon discovery and during the coverage term.
In the event of an Emergency Breakdown under this Service Agreement you must:
Call the 24 Hour Emergency Service Hotline immediately at 1-844-GET-HAHA
Cooperate and assist the Administrator in any matter concerning Your Emergency Breakdown.
Provide the technician with access to Your property.
Take every reasonable precaution to protect Your property until the necessary repair or replacement or unblocking is authorized by Us and the work is completed.
IN CERTAIN INSTANCES, SOME OR ALL OF THE NEEDED REPAIRS MAY NOT BE COVERED BY THIS SERVICE AGREEMENT OR MAY BE BEYOND YOUR SERVICE AGREEMENT LIMITS (“NON-COVERED REPAIRS”). IF YOU ELECT TO HAVE NON-COVERED REPAIRS PERFORMED, YOU WILL BE RESPONSIBLE FOR PAYING THE TECHNICIAN DIRECTLY FOR ANY NON-COVERED REPAIR COSTS.
5. EXCLUSIONS
We are not responsible for any of the following:
a) ANY AND ALL COSTS ASSOCIATED WITH A REPAIR VISIT, IF IT IS DETERMINED THAT COVERAGE UNDER THIS CONTRACT DOES NOT APPLY, OR NO COVERED EMERGENCY BREAKDOWN IS DISCOVERED;
b) EMERGENCY BREAKDOWN CAUSED BY OR RESULTING FROM: INSECT, VERMIN, PETS, MISUSE, ABUSE, NEGLIGENCE, VANDALISM, THEFT, WAR, RIOT, MILITARY UNREST, NUCLEAR ACCIDENT, FLOODING, WATER FLUCTUATIONS, FIRE, HAIL, WIND, LIGHTENING, EARTHQUAKES, EARTH MOVEMENT, LANDSLIDE, SAND CHEMICALS, OR ANY OTHER CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL;
c) INJURY, ILLNES, DAMAGE, INCONVENIENCE OR LOSS OF USAGE CAUSED BY DELAYS, NON-AVAILABILITY OF PARTS, LABOR DIFFICULTIES OR OTHER CONDITIONS BEYOND OUR CONTROL;
d) COSTS ASSOCIATED WITH TREATMENT, REMOVAL, RECOVERY, OR DISPOSAL OF HAZARDOUS MATERIALS.
e) CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY DAMAGES NECESSARY TO REASONABLY ACCESS THE REPAIR AREA;
f) ANY EMERGENCY BREAKDOWN WHICH EXISTED PRIOR TO, OR WAS CAUSED BY A CONDITION WHICH EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE AGREEMENT;
g) COSTS TO CORRECT OR UPGRADE ANY PART, EQUIPMENT AND/OR SYSTEM IN ORDER TO COMPLY WITH ANY FEDERAL, STATE, OR LOCAL LAWS, REGULATIONS, ORDINANCES OR UTILITY REGULATIONS.
h) RESETTING OF CIRCUIT BREAKERS OR SYSTEM CONTROLS WHERE IT IS NOT ASSOCIATED WITH REPAIR WORK AND WHERE IT CAN BE RESET BY YOU
i) HOMES WITH ALUMINUM WIRING OR ANY ELECTRICAL WIRING WHICH IS NOT PERMANENT AND/OR ARE SITUATED OUTSIDE THE RESIDENTIAL HOME
j) FAILURE ARISING FROM THE DISCONNECTION FROM OR INTERRUPTION TO THE MAIN ELECTRICAL SUPPLY
k) THE REPLACEMENT OF LIGHT BULBS, DECORATIVE AND FLUORESCENT TUBE LIGHT FITTINGS, FUSES IN PLUGS OR ANY OTHER ELECTRICAL MAINTENANCE TASKS.
l) DOMESTIC ELECTRICAL APPLIANCES AND ELECTRICAL WIRING WHICH IS CONNECTED TO A SWIMMING POOL OR DECORATIVE FEATURES (SUCH AS PONDS, FOUNTAINS AND ANY ASSOCIATED EQUIPMENT), FISH TANK, SPA, SPRINKLER SYSTEMS, SATELLITE TV SYSTEMS, RADIO AND TV AERIALS, SECURITY ALARMS AND SYSTEMS, TELEPHONE WIRING, SMOKE DETECTORS, DOORBELL WIRING AND ELECTRICAL GATE AND GARAGE DOOR SYSTEMS, PORTABLE AND FIXED HEATING OR ENERGY EFFICIENCY SYSTEMS WHETHER INSIDE OR OUTSIDE YOUR HOME
m) REPAIR AND/OR REPLACEMENT OF TRANSFORMERS CONTROLLING THE VOLTAGE TO A SINGLE LOW VOLTAGE LIGHT FITTING
n) SERVICE ENTRANCE CONDUCTOR
COVERAGE ON MOBILE HOMES, RECREATIONAL VEHICLES, MULTIPLE-UNIT DWELLINGS, COMMERCIAL BUILDINGS, OR ANY RESIDENTIAL HOME OVER 5,001 SQ FT
6. LIMITS OF LIABILITY
Our obligations to service a covered Emergency Breakdown are limited up to $2500 per annum.
7. GENERAL CONDITIONS
a. CANCELLATION:
If You cancel this Service Agreement within 30 days of the effective date We will refund Your payment in full.
You may cancel this contract after 30 days from the effective date by providing written notice. You will be entitled to a pro-rata refund less any claims paid. Any refund not paid to You within 30 days is subject to a 10% monthly penalty.
This Service Agreement shall be non-cancelable by Us, except for:
a) Nonpayment of Service Agreement fees
b) Fraud or misrepresentation of facts material to the issuance of this Service Agreement.
c) If we decide not to offer this program upon renewal.
b. CUSTOMER SERVICE
We strive to provide You with the highest standards of service. If You feel that Our service has not met Your expectations or You have a question, please contact the Administrator at:
P. O. Box 813, Syosset, NY 11791, or call 1-844-GET-HAHA.
c. PAST DUE AMOUNT(S):
If You fail to make full payment on Your payment due date Your Service Agreement coverage will immediately be suspended until the full past due amount is paid.
d. WAITING PERIOD:
You have 30 days from the date You sign-up before You can make a Service call. During that period, if You decide You do not want the Service Agreement You can notify Us and We will provide a full refund of fees paid.
e. PERMANENT REPAIRS:
All permanent repairs will have a minimum of one year repairer’s guarantee.
f. TRANSFER:
Your rights and duties under this Service Agreement are transferable to a subsequent purchaser only and must be completed within 30 days from the date of sale to the subsequent owner. All transfers are for the balance of the remaining term and are subject to any outstanding Service Agreement fees and the new owner registering into the program.
g. OVERLAPPING COVERAGE:
If You find You have another service agreement or insurance policy that provides similar benefits, You must notify the Administrator immediately. We will refund Your Service Agreement Fee as long as no Service Call has been made. You may be required to provide a copy of the contract/policy showing similar coverage. We are unable to cover any system or component that is covered by another program.
h. RIGHTS OF RECOVERY:
If We pay for an Emergency Breakdown, We may require You to assign Us Your rights of recovery against others. We will not pay for an Emergency Breakdown if You impair these rights to recover; Your right to recover may not be waived.
i. REPAIR, REPLACEMENT, AND/OR UNBLOCKING:
It is at Our discretion whether a covered Emergency Breakdown will be remedied by repair, replacement, and/or unblocking. If a technician performs an unblocking of your line, it will be guaranteed for a period of 72-hours. Additional unblocking will require the use of an additional Service Call.
j. SECOND OPINION:
We reserve the right to obtain a second opinion paid for by Us by a technician of Our choosing on any repair or replacement diagnosis.
k. FRAUD AND/OR MISREPRESENTATION
Misrepresentation or any attempt to defraud Us, including collusion between You and any service provider, shall result in cancellation of this Service Agreement, and We shall seek reimbursement from You and may pursue remedies under applicable law.
l. PRIVACY POLICY
Any information collected by Us during Your purchase and Our administration of this Service Agreement will not be disclosed to other companies for the purpose of marketing other products and services. Such information may be disclosed to other companies in order to provide service under this Service Agreement. Should you have any questions about Our policy please contact us at 1-844-GET-HAHA. Telephone Calls may be recorded and monitored.
m. ASSIGNMENT
We expressly reserve the right to assign this Agreement and to delegate any of Our obligations hereunder at Our sole discretion and without Your consent provided We give You notice of thirty (30) days prior to assignment. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or third parties.
n. This Service Agreement is not an insurance contract. This Service Agreement provides repair or replacement service (pursuant to the Terms and Conditions of this Service Agreement) for necessary covered repairs. We shall not be liable for damages, including any indirect, incidental or consequential damages that arise from any defects in materials used to maintain covered repairs. Our liability for defective materials or workmanship is limited to repair or replacement of the defective material and/or a corrective service visit. We shall not be liable under any circumstances for incidental or consequential damages, including, but not limited to, lost profits or any other expenses, loss or damage directly or indirectly arising from the performance or non performance of your plan or any service covered under the Service Agreement or the use or inability to use the service to which the Service Agreement applies. We reserve the right to withdraw or amend without warning part or all the services we provide where we have legal or technical reasons to do so. Should certain terms in this agreement be held to be invalid or unenforceable the remainder of the terms and conditions in this Agreement shall remain valid.
The following state variation shall apply if inconsistent with any other terms and conditions of this service agreement.
NEW YORK-Cancellation is not effective until 15 days after notice of cancellation is mailed to the Service Agreement holder.
